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South Africa Case Law

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Land And Property [2025] ZAGPPHC 555

M.K N.O v J.H.P.T and Others (2023/030065)

M.K N.O v J.H.P.T and Others (2023/030065) [2025] ZAGPPHC 555 (28 May 2025)

Executor’s application to terminate co-ownership and sell estate property dismissed for failure to notify the Registrar under section 97 and for bypassing the Master under section 47.

  • Joint Ownership Termination
  • Deeds Registry Act Section 97
  • Administration Of Estates Act Section 47
  • Executor Powers
  • Partition Transfer
  • Compliance With Statutory Notice
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Land And Property [2022] ZAGPPHC 588

Bosman v Hoffmann (48330/2021)

Bosman v Hoffmann (48330/2021) [2022] ZAGPPHC 588 (12 August 2022)

The court dismissed a res judicata defence and ordered termination of joint ownership of a property under actio communi dividundo.

  • Actio Communi Dividundo
  • Joint Ownership Termination
  • Partition Of Property
  • Res Judicata
  • Settlement Agreement
  • Court Discretion In Partition
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Land And Property [2022] ZAGPPHC 486

Minne v Minne and Others (71753/2018)

Minne v Minne and Others (71753/2018) [2022] ZAGPPHC 486 (14 June 2022)

High Court termination of co-ownership dispute over immovable property; the court ordered an equal 50/50 division of net equity and awarded costs to the plaintiff.

  • Actio Communi Dividundo
  • Joint Ownership Termination
  • Division Of Equity
  • Deeds Registration Act
  • Costs Award
  • Actio-communi-dividundo
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Land And Property [2022] ZAGPPHC 43

D.F.S v M.N.S (55065/21)

D.F.S v M.N.S (55065/21) [2022] ZAGPPHC 43 (11 January 2022)

The High Court varied a settlement agreement over jointly owned property, set a buy-out and sale process, barred interference with marketing, and ordered costs against the respondent.

  • Variation Of Settlement Agreement
  • Joint Ownership Termination
  • Property Transfer
  • Interdict
  • Costs Order
  • Variation-of-settlement-agreement
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Land And Property [2021] ZAGPPHC 276

Starbuck N.O and Another v Friebus and Others (38540/20)

Starbuck N.O and Another v Friebus and Others (38540/20) [2021] ZAGPPHC 276 (18 March 2021)

The High Court terminated joint ownership of an insolvent estate property, ordered transfer documents signed, and awarded costs against the first respondent.

  • Joint Ownership Termination
  • Sale Of Insolvent Estate Property
  • Trustee Authority
  • Transfer Of Property
  • Costs Order
  • Joint-ownership
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Land And Property [2020] ZAGPJHC 305

Manaka and Another v Molefe (2019/18220)

Manaka and Another v Molefe (2019/18220) [2020] ZAGPJHC 305 (16 September 2020)

The High Court granted leave to appeal against an order terminating joint ownership of property, finding another court could reach a different result.

  • Actio Communi Dividundo
  • Joint Ownership Termination
  • Leave To Appeal
  • Costs Award
  • Leave-to-appeal
  • Joint-ownership
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Family And Children [2016] ZAWCHC 203

L.M v F.M (10502/2016)

L.M v F.M (10502/2016) [2016] ZAWCHC 203 (15 December 2016)

Court terminated joint ownership of a shared property, allowed sale or buy-out at market value, and refused an anti-dissipation trust order.

  • Actio Communi Dividundo
  • Joint Ownership Termination
  • Anti Dissipation Interdict
  • Costs Order
  • Motion Vs Action Procedure
  • Property Valuation
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Land And Property [2013] ZAGPJHC 324

Dube v Hlako (11329/2013)

Dube v Hlako (11329/2013) [2013] ZAGPJHC 324 (28 November 2013)

The High Court ordered sale of jointly owned property and equal division of proceeds after finding no real dispute of fact about an alleged customary marriage.

  • Actio Communi Dividundo
  • Joint Ownership Termination
  • Customary Marriage Dispute
  • Division Of Property
  • Actio-communi-dividundo
  • Joint-ownership
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.